CONSTITUTION AND RULES OF THE

DOUGLAS SHIRE SUSTAINABILITY GROUP INC. (DSSG)

 

1.         A word or expression that is not defined in these model rules, but is defined in the Associations Incorporation Act 1981 has, if the context permits, the meaning given by the Act.

 

2.         NAME OF THE ASSOCIATION

 

The Association shall be called "Douglas Shire Sustainability Group Inc." (DSSG).

 

3.         The objects and duties of the Association are:

 

The Douglas Shire Sustainability Group is a community–based environmental advocacy organisation whose objects are:

 

 (a) To promote and encourage the adoption of the principals of ecologically sustainable development to all sectors of the community throughout the Douglas Shire;

 

(b) To the protection and conservation of the unique environment in the Douglas Shire and its surrounds, including the Great Barrier Reef, the Wet Tropics and World Heritage areas;

 

(c) To promote social, economic and environmental balance;

 

(d) To promote and support environmentally sustainable practices, education and great environmental awareness amongst visitors to and residents of the Douglas Shire;

 

(e) To recognise and promote the sustainable practices of the traditional owners of the Douglas Shire; and

 

(f) To engage in any other activity in support of the objectives above (a to e) allowable under the Associations and Incorporations Act 1981 of the State of Queensland as amended.

 

4. POWERS

 

            (1) The association has the powers of an individual.

 

(2) The association may, for example -

 

(a) enter into contracts; and

 

(b) acquire, hold, deal with and dispose of property; and

 

(c) make charges for services and facilities it supplies; and

 

(d) do other things necessary or convenient to be done in carrying out its affairs.

 

(3) The association may take over the funds and other assets and liabilities of the present unincorporated association known as the '                                          '.

 

(4) The association may also issue secured and unsecured notes, debentures and debenture stock for the association.

       

5.             CLASSES OF MEMBERS

 

            (1) The membership of the association shall consist of ordinary members, and any of the following classes of members-

 

(a) Life Members

 

            A clear majority may elect any member who has rendered outstanding service to the Association and to the promotion of the objects of the Association for a period of not less than two years a life member of the Association subject to membership approval.

 

(b) Ordinary Members

 

            Every candidate for admission as an ordinary member of the Association shall have completed an application form and be fully supportive of the objects of the Association.

 

(c) Honorary Members

 

(d) associate members;

 

(2) The number of ordinary members is unlimited.

 

(3) The Committee may appoint a Patron from time to time and the person so appointed shall be an honorary member of the Association.  Honorary shall not be entitled to vote at any meeting of the Association or to certify as to the qualification of an applicant for membership or to nominate or second any candidate for membership; 

 

6.            MEMBERSHIP

 

            (1) A person who, on the day the association is incorporated, was a member of the unincorporated association and who, on or before a day fixed by the management committee, agrees in writing to become a member of the incorporated association, must be admitted by the management committee to the same class of membership of the association as the member held in the unincorporated association.

 

(2) A member of the incorporated association who, before becoming a member, has paid the member's annual subscription for membership of the unincorporated association on or before a day fixed by the management committee, is not liable to pay a further amount of annual subscription for the period before the day fixed by the management committee as the day on which the next annual subscription is payable.

 

(3) An applicant for membership of the association, other than the members of the unincorporated association mentioned in subsection (1), must be proposed by 1 member of the association (the proposer) and seconded by another member (the seconder).

 

(4) An application for membership must be-

 

(a) in writing; and

 

(b) signed by the applicant and the applicant's proposer and seconder; and

 

(c) in the form decided by the management committee.

 

7. MEMBERSHIP FEES

 

            (1) The membership fee for each class of membership-

 

(a) is the amount decided by the members from time to time at a general meeting; and

 

(b) is payable when, and in the way, the management committee decides.

 

8.            ADMISSION AND REJECTION OF MEMBERS

 

            (1) The management committee must consider an application for membership at the next meeting of the committee held after it receives-

 

(a) the application; and

 

(b) the appropriate membership fee for the application.

 

 (2) The management committee must decide at the meeting whether to accept or reject the application.

 

(3) If a majority of the management committee members present at the meeting vote to accept the applicant as a member, the applicant must be accepted as a member to the class of membership applied for.

 

(4) The secretary of the association must, as soon as practicable after the management committee decides to accept or reject an application, give the applicant a written notice of the decision.

 

 

WHEN MEMBERSHIP ENDS

 

9.         (1) A member may resign from the association by giving a written notice of resignation to the secretary.

 

(2) The resignation takes effect on:-

 

(a) the day and at the time the notice is received by the secretary; or

 

(b) if a later day is stated in the notice - the later day.

 

 

 

 

 

 

 

 

 

 

 

(3) The management committee may terminate a member’s membership if the member -

 

(a) is convicted of an indictable offence;  or

 

(b) does not comply with any of the provisions of these rules;  or

 

(c) has membership fees in arrears for at least 2 months;  or

 

(d) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association.

 

(4) Before the management committee terminates a member’s membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.

 

(5) If, after considering all representations made by the member, the management committee decides to terminate the membership, the secretary of the committee must give the member a written notice of the decision.

 

10            APPEAL AGAINST REJECTION OR TERMINATION OF MEMBERSHIP

 

            (1) A person whose application for membership has been rejected, or whose membership has been terminated, may give the secretary written notice of the person's intention to appeal against the decision.

 

(2) A notice of intention to appeal must be given to the secretary within 1 month after the person receives written notice of the decision.

 

(3) If the secretary receives a notice of intention to appeal, the secretary must, within 3 months after the day of receipt, call a general meeting to decide the appeal.

 

(4) At the meeting, the applicant must be given a full and fair opportunity to show why the application should not be rejected or the membership should not be terminated.

 

(5) Also, the management committee and the committee members who rejected the application or terminated the membership must be given an opportunity to show why the application should be rejected or the membership should be terminated.

 

(6)            An appeal must be decided by a vote of the members present at the meeting.

 

(7) If a person whose application has been rejected does not appeal against the decision within 1 month after receiving written notice of the decision, or the person appeals but the appeal is unsuccessful, the secretary must, as soon as practicable, refund the application fee paid by the person.

 

11.            REGISTER OF MEMBERS

 

             (1) The management committee must keep a register of members.

 

(2)            The register of members must include the following particulars for each member-

 

(a) the full name and residential address of the member;

 

(b) the date of admission as a member;

 

(c) the date of death or resignation of the member;

 

(d) details about the termination or reinstatement of membership;

 

(e) any other particulars the management committee or the members at a general meeting decide.

 

(3) The register must be open for inspection at all reasonable times.

 

(4) However, before the member may inspect the register, the member must apply to the secretary to inspect it.

 

12.            SECRETARY  / TREASURER

 

            (1) If the association has not elected an interim officer as secretary for the association before its incorporation, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after incorporation.

 

(2) If a vacancy happens in the office of secretary, the members of the management committee must ensure a secretary is appointed or elected for the association within 1 month after the vacancy happens.

 

(3) The secretary must be an individual residing in Queensland, or in another State but not more than 65 km from the Queensland border, who is -

 

(a) a member of the association elected by the association as secretary; or

 

(b) any of the following persons appointed by the management committee-

 

(i) a member of the association's management committee;

 

(ii) a member of the association;

 

(iii) another person.

 

(4) The management committee may appoint and remove the association’s secretary at any time.

 

(5) Duties of the Secretary

 

            The duties of the Secretary shall be: -

 

Ø To correctly keep the records and minutes of the Association;

 

Ø To receive all letters, memoranda and applications and register of members;

 

Ø To arrange all business for the consideration of the Association and any of its’ Committees;

 

Ø To conduct the correspondence of the Association;

 

Ø To give due notice of all meetings of the Association and its Committees;

 

Ø To collect and arrange all statistical information that may be deemed valuable by the Association; and

 

Ø To assist in all matters connected with the affairs of the Association.

  

(6) Duties of the Treasurer

 

            The duties of the Treasurer shall be:

 

Ø To keep the books and accounts;

 

Ø To collect the subscriptions and all other monies and to pay same to the credit of the Association Bank Account;

 

Ø The Treasurer shall check all accounts before payment, sign cheques (if required) in conjunction with the duly appointed members of the Committee and if none appointed the President or Secretary and present the annual financial statements; and

 

Ø The Treasurer shall also submit to each monthly meeting of the Association a statement of the financial position.

 

13.            MEMBERSHIP OF MANAGEMENT COMMITTEE

 

(1) The Management Committee of the Association shall consist of a President, Secretary, Treasurer and a maximum of six (6) others, all of whom shall be financial members of the Association and be fit and proper persons to hold such office.

 

(2) A member of the Management Committee, other than the Secretary must be a member of the association.

 

14.            MANAGEMENT COMMITTEE TERMS

 

(1) The President, Secretary, Treasurer and Committee members shall be elected at the annual General meeting of the Association subject to the following:

 

(a) Term of President

 

the position of President shall be required to be elected or re-elected for each twelve (12) month term;

 

(b) Term of Secretary, Treasurer and Committee Members

 

the term of tenure of;

 

(i) the Secretary; and

           

(ii) the Treasurer and

 

(ii) each Ordinary Committee member

 

shall be for two (2) years from the date of election, provided that at each annual General Meeting of the Association, one half of the committee positions shall be open for election.

 

(c) Tenure of Secretary, Treasurer and Committee Members during initial two years of incorporation of association.

 

            In the first two (2) years of the operation of the Association the election/rotation of the committee shall notwithstanding the normal two (2) year tenure be as follows:

 

(i) the Treasurer, and the three (3) lowest polling committee members from the election at the inaugural General Meeting shall at the General Meeting held one (1) year after the inaugural General Meeting resign their positions and such positions shall be open for election and or re-election at the next Annual General meeting of the Association.

 

(ii) the Secretary, and the remaining original three (3) committee members from the election at the inaugural General Meeting shall at the General Meeting held two (2) years after the inaugural General Meeting resign their positions and such positions shall be open for election and or re-election at the next Annual General meeting of the Association.

 

(iii) If there is no lowest or highest polling committee members (that is the committee members are elected unopposed) those committee members resigning their posts or opening such posts for re-election shall be decided by the management committee by unanimous resolution and failing such resolution by the alphabetical order of the committee members.

 

15.            ELECTION OF MANAGEMENT COMMITTEE

 

            (1) A member of the management committee may only be elected as follows-

 

(a) any 2 members of the association may nominate another member (the candidate) to serve as a member of the management committee;

 

(b) the nomination must be-

 

(i)          in writing; and

 

(ii)         signed by the candidate and the members who nominated him or                                       her; and

(iii) given to the secretary at least 14 days before the annual general meeting at which the election is to be held;

 

(c) each member present at the annual general meeting may vote for any number of candidates not more than the number of vacancies;

 

(d) if, at the start of the meeting, there are not enough candidates nominated, nominations may be taken from the floor of the meeting.

 

(2) A list of the candidates' names in alphabetical order, with the names of the members who nominated each candidate, must be posted in a conspicuous place in the office or usual place of meeting of the association for at least 7 days immediately preceding the annual general meeting.

 

(3) If required by the management committee, balloting lists must be prepared containing the names of the candidates in alphabetical order.

 

16.            RESIGNATION OR REMOVAL FROM OFFICE OF MANAGEMENT COMMITTEE MEMBER

 

            (1) A management committee member may resign from the committee by giving written notice of resignation to the secretary.

 

(2)            The resignation takes effect on-

 

(a)         the day and at the time the notice is received by the secretary; or

 

(b)         if a later day is stated in the notice - the later day.

 

(3) A member may be removed from office at a general meeting of the association if a majority of the members present at the meeting vote in favour of removing the member.

 

(4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.

 

(5) A member has no right of appeal against the member's removal from office under this section.

 

17.            VACANCIES ON MANAGEMENT COMMITTEE

 

            (1) If a casual vacancy happens on the management committee, the continuing members of the committee may appoint another member of the association to fill the vacancy until the next annual general meeting.

 

(2) The continuing members of the management committee may act despite a casual vacancy on the management committee.

 

(3) However, if the number of committee members is less than the number fixed under these rules as a quorum of the management committee, the continuing members may act only to-

 

(a) increase the number of management committee members to the number required for a quorum; or

 

(b)         call a general meeting of the association.

 

18.            FUNCTIONS OF MANAGEMENT COMMITTEE